Loading...
Resolution 94-21035 RESOLUTION NO. `99-21035 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BELLSOUTH MOBILITY, INC. LEASE FOR SPACE TO MAINTAIN AND OPERATE A MINI CELLULAR SITE AT OLD CITY HALL. WHEREAS, the City of Miami Beach has been experiencing poor cellular quality in the South Beach area for all BellSouth Mobility, Inc. cellular phone users • and, in particular, City employees located in the Police Department Facility; and WHEREAS, BellSouth Mobility, Inc. has surveyed the poor coverage area and determined that a Mini Cellular Site is required to upgrade cellular reception quality; and WHEREAS, BellSouth Mobility, Inc. has proposed to lease, maintain and operate a Mini Cellular Site at the Old City Hall, 1100 Washington Avenue, 9th Floor, City Radio Site, for an agreed upon $6,200.00 per year plus applicable sales tax the first year plus a 5% increase for each subsequent year for a total of three years with option to renew for an additional three year term, such lease Agreement attached hereto as "Exhibit A"; and WHEREAS, the City can cancel the Agreement upon written notification to BellSouth Mobility, Inc.; and WHEREAS, the BellSouth Mobility, Inc. Agreement is to take effect retroactive to January 1, 1994; and WHEREAS, the City of Miami Beach Computers and Communications Division found, determined and declared that the BellSouth Mobility, Inc. Agreement is necessary to provide improved cellular quality on Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT THE MAYOR AND • CITY CLERK EXECUTE THE BELLSOUTH MOBILITY, INC. AGREEMENT ATTACHED HERETO AS "EXHIBIT A". PASSED AND ADOPTED THIS 2nd DAY OF February , 1994. • MAYOR ATTEST: FORM APPROVED -I LEGAL DEPT. CLERK BY Date /- t t;-.q, `� CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. • TO: ' Mayor Seymour Gelber and DATE: February 2, 1994 Members of the City Commission FROM: Roger M. Carl City Manager SUBJECT: AGREEMENT BETWEEN THE CITY AND BELLSOUTH MOBILITY, INC. FOR SPACE TO MAINTAIN AND OPERATE A MINI CELLULAR SITE AT OLD CITY HALL, 1130 WASHINGTON AVENUE, 9TH FLOOR, CITY RADIO SITE, MIAMI BEACH, FL 33139. ADMINISTRATION RECOMMENDATION: It is recommended that the Mayor and City Clerk be authorized to sign a contractual agreement with BellSouth Mobility, Inc. to maintain and operate a Mini Cellular Site at Old City Hall. BACKGROUND: The City of Miami Beach was contacted by BellSouth Mobility, Inc. when it was determined that poor cellular quality was being experienced in South Beach by all BellSouth Mobility, .Inc. cellular phone users and, in particular, City employees located in the Police Department Facility. The poor coverage service area was surveyed by BellSouth Mobility, Inc. and it was recommended that a Mini Cellular Site be installed in the vicinity of Old City Hall in order to improve service. The compact communications facility will consist of an equipment cabinet, radio equipment, three (3) small stick antennas and coaxial "transmission lines. An agreement was reached between City of Miami Beach and BellSouth Mobility, Inc. to use the 9th Floor City Radio Site at Old City Hall to house a Mini Cellular Site. In return, BellSouth Mobility, Inc. has agreed to pay the City of Miami Beach an annual fee of $6,200.00 plus applicable sales tax the first year plus 5% increase for each subsequent year for a total of three years. The City has the option to renew the agreement under the same terms for an additional three years. The City can terminate this agreement by providing written request for such to BellSouth Mobility, Inc. CONCLUSION: The authorization to proceed with the agreement is necessary so that BellSouth Mobility, Inc. can begin construction of the site as soon as the agreement has been approved in order to improve service to its customers. RMC/ar Attachment • 13 AGENDA e ITEM , 1 DATE cD--D C� . • . . L ) ° It 1l (1- `a- 4y) PROVISION OF SPACE AGREEMENT (MICROCELL) This Provision Of Space Agreement entered into this day of , 1994 , by and between the City of Miami Beach, (hereinafter referred to as "CITY" ) and BELLSOUTH MOBILITY INC, (hereinafter referred to as "TENANT") . CITY is the owner of a certain parcel of property located at 11 KashinQton Avenue. 9th Floor, Radio Room Miami Beach, Dade County, Florida, (the "Property") , together with the improvements thereon including a multi-story office building (the "Building" ) , TENANT desires to use a portion of the Building, subject to the terms and conditions set forth lelow. In covenant:a containedthe ein, the ion of the foregoing premises, and themutual parties agree as follows: 1 . The_Subject premises : CITY will lease to TENANT space on and within the Building (the "subject premises") to the extent necessary to enable TENANT to maintain and operate a compacta communications facility which shall consist of an equip nt cabinet, radio equipment, certain antenna(s) , and coaxial transmission lines, as described and depicted on the attached Exhibit "A" , and incorporated herein by reference, to be utilized as a part of its cellulara communications system, at an d related cables satisfactory toeTENANT and with such equipmenthe cabinet to permit the proper operation atdim nsionsg t48 cinches Tin width byh108 not exceed the following inches in length by 72 inches in height . ect Antenna(s) Location : The exact to avoid interferencee with any antennas shall be determined to of CITY' s, equipment, cables, lines, antennas and/or any other property that may be located on the Building and/or the subject premises. CITY grants to TENANT permission to attach necessary transmission lines, cables, fixtures, and other ssciated d equipment to make said antennas operational . TENANT willo all mounting hardware necessary for its installation. CITY agrees to cooperate with TENANT and use are not its ob best efforts so that TENANT' S operations equipment and ed. CITY hereby grants TENANT the nonexclusive right for ingress and egress to the parking areas and the subject premises seven (7) normal days a week, twenty four (24) hours a day, including during business hours, for the installation, maintenance, and operation of this communications facility, all at TENANT' S expense . 2 . /erm: This Provision Of Space Agreement shall commence upon the installation of Tenant' s equipment, n ten which1 date date shall be provided to CITY in writing proceeding the start of construction and which written notice shall 1 olawY • 15 AGENDA R _ 3 'C- ITEM DATE a-D - r q Lu automatically become a part of this Agreement . This Provision Of Space Agreement shall be for an initial period of three (3) years, subject to the terms and conditions set forth in this Agreement . TENANT shall have the option to extend this Agreement for two (2) additional three (3) year terms, and such extensions shall auto- matically occur unless TENANT provides CITY written notice of its intention not extend his the Provision end of the then currentent termt least thirty (30) days prior to 3 . ggntal Scheme= TENANT shall pay an annual rent of ixty two u. ndrors And 00/100 Dokl r ($6► 200 .00) , plus applicable s _. sales tax. The rent shall be paid to CITY or to such other person, firm or place as CITY may from time to time designate in writing at least thirty (30) days in advance of any rental payment date . The rent shall be due and payable on the Commencement Date and on the same date each year thereafter unless modified in accordance with thisAgreement . The annual shall be rental the for amounteach of the extension prior t rm' s provided ided inparagraph rent plus five percent (5%) . 4 . permit Approvals: TENANT is responsible for obtaining all necessary Federal, State and local governmental approvals. 5 . r : TENANT, at its sole cost and expense. shall submit to CITY for CITY' s written approval a set of plans and specifications (the "Plans") showing the location, size, type and other specifications of the communication facility. CITY shall have thirty (30) days from receipt of the Plans to epprovc review said Plans or TENANT' S Plans ll automatically be deemed acceptable to CITY and thereby approved. 6 . glectrt i ; CITY shall furnish the subject premises with electrical service . TENANT shall furnish, to its of ate communications facility, electric service for. the operation equipment . TENANT shall provide 'tiP trical i ns bOO)SUPS _ CITY shall provide and nay for 111ctr city. 7 . Completion of_jri: Whenever TENANT is required to perform any approved work upon the subject premises, TENANT shall promptly commence the work and, once commenced, diligently and T' S entinuaory pandureasOnable ca work re to direct causethe the work utilizing completed best efforts and in an expeditious fashion. TENANT agrees that all finish work and any construction expenses related to the installation of TENANT' S equipment will be at TENANT' s expense. Said work is to be performed in a workmanlike manner and done mi ted on the that no chanics' ,Pr perty. laborers' Upon termination oflthis liens will be per 2 0 0 Lf 16 0 [Ri 1-,1\ If provision Of Space Agreement, TENANT shall remove all of its equipment and repair any damage done by said removal, normal wear and tear excepted.. 8 . m nt of fiat s and Expenses . TENANT shall provide and pay for all labor, materials, goods and supplies, equipment, appliances, tools, construction equipment and machinery and other facilities and services necessary for the proper execution ue andd completion of the work. TENANT shall promptly pay y costs and expenses incurred in connection with the work. TENANTd by shall pay all sales, consumer, use and similar taxes required allby law in connection n with licenses work, and necessarys fort secure and the performance of the permits, work. 9 . Repairs. If the Building is destroyed or damaged to such an extent that in CITY' s sole judgement repair would be an imprudent business decision, CITY may elect not to repair or rebuild the Building and in such event, may terminate this Provision heOf Spacent thatr hasnt beennd paid iinurse TENANT the pro-rata advance of any unexpired share of the term hereunder. 10 . Die. TENANT shall use the subject premises for the purpose of placing, maintaining and operating a Mobile Communications Facility and uses incidental thereto. All improvements shall be at TENANT' S expense . It is understood and agreed that TENANT'S ability to use the subject premises is contingent upon its obtaining after the execution date of this provision of space agreement, all of the certificates, permits and other approvals that may be required by any federal, state, or local authorities . CITY shall cooperate with TENANT in its effort to obtain such approvals and shall take no action which would adversely affect the status of or the use thereof by TENANT. In the event that any of such applications should be finally rejected or radio frequency tests are found to be unsatisfactory or any certificate, permit, license or approval issued to TENANT is canceled, expires, lapses, one otherwise withdrawn or terminated by governmental authority so that TENANT in its sole discretion will be unable to use the subject premises for its intended purposes, TENANT shall have the right to terminate this Agreement . Notice of TENANT' S exercise of its right to terminate shall be given to CITY in writing by certified mail, return receipt requested, and shall be effective upon receipt. All rentals paid to said termination date shall be retained by CITY. Upon such termination, this Agreement shall become null and void and all the parties shall have no further obligations., including the payment f money, to each other . 11 . Snterference: In the event interference l and diligently TENANT will exercise its best efforts to promptly Y n a U 17 El Di] U If resolve such problems immediately after notice by CITY. 12 . IadaMnifigffitton and Hold NaxmLess s TENANT, to the extent permitted by law, agrees to indemnify,all amdefend ages, liabilhold harmless the CITY, from and against any and loss and claims for injuries to or death of persons and for damages , liability, loss and claims to the subject premises, appurtenances or approaches thereto, arising out of or in connection with TENANT' S use or occupancy of the subject premises . 13 . - inatiQr : Upon termination of this Prevision Of Space. Agreement, TENANT shall, within a reasonable amount of time, remove its personal property and fixtures from the subject premises imises restoring the premises to its original condition ordinary r and tear excepted. If such time for removal causes Tenant to remain after termination of this Provision Of Space Agreement, TENANT shall pay rent on the existing monthly pro-rata a d isi Lures until such time as the removal of the personal property completed. 14 . Defaul,: Should TENANT fail to pay any amounts due CITY hereunder or fail to cure any breach of any other provision of this Provision Of Space Agreement after thirty (30) days written notice and demand, CITY may terminate this Agreement and require TENANT to remove or cause to be removed all of the TENANT' S equipment . 15 . """i ^nm Sale or Transfer: This provision of space agreement may not be sold, assigned or transferred at any time except . to TENANT' S principal, affiliates or subsidiaries of its principal or to any company upon which TENANT is merged or consolidated. As to other parties, this Provision Of Space Agreement may not be sold, assigned or transferred without the written consent of the CITY, such consent not to be unreasonable withheld. TENANT may sublease the subject premises upon notice to CITY. 16 . Notices: All notices hereunder must be in writing and shall be deemed valid, if sent by certified mail, return receipt requested, addressed as follows, or sent to any other address that the party to be notified may have designated to the sender by like notice : CITY: City of Miami Beach Computers & Communications Division Attn: Director 1100 Washington Avenue Miami Beach, FL 33139. TENANT: BellSouth obility Inc Creek Road 500 Cypress Suite 700 Ft . Lauderdale, FL 33309 ATTN: Manager Real Estate 4 £Tiili1tA\ fl 18 • 17 . A o n y Feea—and Costa ' In connection with any enforcement action or litigation arising out of this Provision of Space Agreement, the prevailing party, whether CITY or TENANT shall be entitled to recover all costs incurred including attorney' s fees and legal assistant fees appellate services proceedingsered and in postjudgment therewith, including proceedings . 18 . .Miscellneoust a) Should the CITY, at any time during the term of this Provision of space agreement, decide to sell, assign, or transfer its interest in the property, such transfer shall be under and subject to this Provision Of Space Agreement and TENANT' S rights hereunder. b) CITY covenants that TENANT, on paying the rent and performing the covenant shall peaceable and quietly have, hold and enjoy the subject premises. c) CITY covenants that CITY is seized of good and sufficient title and eandte in the xecute thisect Agreementes and has full authority to enter into d) This Provision of Space Agreement represents the final agreement of the parties and no agreements or representations, unless incorporated into this Provision Of Space Agreement, shall be binding on any o the itparties . becomes fully executed by Agreement partieashall be the day upon which d to and bind the heirs, e) This representatives, successoreement shall s and personal rep and assigns of the parties hereto. f) This Provision of Space deement and the performance co construed and regulated by thereof shall be governed, interp et the laws of the State of Florida. al IgEBNT will furnish CITY wi .primmpl v e an liability iriaurance and _Workers �cument n and through the ter�4f th s Provision Of Space Agreement 19 . r i mi tAt- on of City' a Liability 1 The CITY desires to enter _ _ _ , . �.i r fQ anv cause of. the CITY n "� a iR1' �'*' ne i T s ® 11G1.. L CITY As S� Ue to an allege .reach by the CIT of on fo that its lial_111.VY for Y Ten Thousand and 00 100 su h breach never exceeds the sum Dallars (Si ' oovery f a d Yo jDe limited - i r po lars (11„Q00 • 5 Iliy0 0 rf 19 • • . Uil 1.2 Lk\ 1. -if . . term h v eminent. IgNANT hereby jgrees th n b 1 r damages i im f h c nc m out of the perfor no vie h uoon the_ aITY by „ph or a sewh in th vision o!_Space contLined i 18. t hgregnt is j any wa�ntended ta_be a wa iOn placed uo a rt n Florida Statutaa• section 768 . 28 . 2.Q.J. pny con Yove sv or claim fnr money damages arising out of 01141 Provision of SPAe Agreement, or „las preach her .O. sbal� be h i n Commercial Airati hssociat drbi r award sha1 final and. bi }poll the parties n a with_the Question of the costs ofSrbitra roomed thp'rAto, I^ r5,ar regard. the parties shall mut one arbitr the nnot agree upon the arbitrator, the e i c ion shall =loit one. auagment upon the away re gpurt having j ' - ^r arnl i mat on ma be mac Lotha comet urt fora rder r_.enfotalne A v controversy. as contrOVers •r_glainUPr money damages _arising out oL or relating i , of �pece Agreementor t breach to t r c]a.m rel,Ling in�udinq_snY Gont iaation and now eviction Qr a ectm arbitration, ' IN WITNESS WHEREOF, respective seals the day nd the parties hereto eyear first above set their hands and affixed their written. CITY Signed, sealed and delivered CITY OF MIAMI BEACH in the presence of : $Y= .4g-tir5-11--------- Print Name - i Print Name 6 W0 . • � t ait: rif STATE OF FLORIDA : COUNTY OF DADS : T HEREBY CERTIFY that on` this _ day of • , 199the before me personally appeared of CITY OF, MIAMI BEACK, who is as identificationn to me or Who has and who did take an produced oath. WITNESS my hand and official seal this day of 199_. • NOTARY PUBLIC My commission Expires: Print Name : TENANT Signed, sealed and delivered • in the presence of : BELLSOUTH MOBILITY INC I By: j, �_ _ L Witness Title: Print Name: Address : Executed on day of Witness 1994 . Print Name : STATE OF FLORIDA : COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of _,.__, 1994, by as BELLSOUTH MOBILITY INC, a Georgia corporation, who is personally known to me or who has produced — — as identification and who did (did not) take an oath. NOTARY PUBLIC My Commission Expires : Print Name:• 5428MIAB.MIC rev.1/31/94 • 7 • 21 14,• REGULAR AGENDA - FEBRUARY 2, 1994 • R-3. TIME CERTAIN ITEMS (CONTINUED) 3:00 P.M. PUBEr1QHEARNG TIME CERTAIN B. COMMISSION MEMORANDUM NO. 67-94 REQUEST FOR THE CITY COMMISSION TO GRANT AN APPEAL FROM THE CITY MANAGER TO OVERTURN A DESIGN REVIEW BOARD DECISION GRANTING DESIGN APPROVAL FOR CONSTRUCTION OF A 14-STORY CONDOMINIUM TOWER AT 828 THIRD STREET IN THE SOUTH POINTE REDEVELOPMENT AREA. 1. LETTER FROM MILLEDGE IDEN & HELD, DATED JANUARY 28, 1994. 2. DESIGN REVIEW BOARD'S DECEMBER 14, 1993, ORDER ON 225 JEFFERSON CORPORATION'S APPLICATION. 3. NOTICE OF APPEAL, DATED JANUARY 3, 1994. 4. STAFF MEMORANDUM TO BOARD, DATED DECEMBER 14, 1993. 5. LETTER/PETITION FROM AREA RESIDENTS, DATED JANUARY 3, 1994. 6. TRANSCRIPT OF DESIGN REVIEW BOARD DECEMBER 14, 1993, MEETING (INCLUDING PAGES 76-86 SUBMITTED WITH SECOND ADDENDUM) . 7. DESIGN REVIEW PROCEDURES AND PERFORMANCE STANDARD DISTRICT REGULATIONS. 8. NOTICE OF PUBLIC HEARING. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION DEFER A DECISION ON THIS APPEAL UNTIL THE TRANSCRIPTS FROM ALL PERTINENT BOARD HEARINGS ARE AVAILABLE. • (DEVELOPMENT, DESIGN & HISTORIC PRESERVATION) (SCHEDULED ON 1/19/94) ACTION: The City Manager advised that this item should have been listed as a Time Certain (not public hearing) . Administration's recommendation approved (action deferred to 2/16/94, at 4:00 p.m.) . (No vote taken; Vice-Mayor Eisenberg away from table; Commissioner Gottlieb absent.) 4:00 P.M. PUBLIC HEARING C. COMMISSION MEMORANDUM NO. 68-94 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BELLSOUTH MOBILITY, INC. , LEASE FOR SPACE TO MAINTAIN AND OPERATE A MINI-CELLULAR SITE AT OLD CITY HALL. (HISTORIC CITY HALL) 1. DRAFT AGREEMENT. 2. NOTICE OF PUBLIC HEARING. ADMINISTRATION RECOMMENDATION: THAT THE MAYOR AND CITY COMMISSION ADOPT THE RESOLUTION, AUTHORIZING THE 3-YEAR LEASE (CITY OPTION TO RENEW FOR ADDITIONAL 3-YEAR TERM) FOR SPACE ON THE 9TH FLOOR AT $6,200 (PLUS SALES TAX) FIRST-YEAR FEE, PLUS 596 INCREASE EACH SUBSEQUENT YEAR, RETROACTIVE TO JANUARY 1, 1994. (COMPUTERS & COMMUNICATIONS DIVISION) (SCHEDULED ON 1/5/94) ACTION: Hearing held and concluded. Communication Supervisor Joe London explained the proposed equipment installation. Commission waived competitive bidding process and independent appraisal for fair market value of the leased space. (Vote: 6-0; Commissioner Gottlieb absent. ) The City Attorney requested authority to insert an arbitration clause (BellSouth soliciting its home office's approval of the clause; agreed to a limitation of liability clause) . Commissioner Pearlson suggested the agreement include provision that BellSouth Mobility would (per industry standard) inspect the equipment as to radiation and other safety issues related to employees' health. Resolution No. 94-21035 adopted, authorizing agreement as amended. (Vote: 6-0; Commissioner Gottlieb absent.) ACTION SUMMARY FEBRUARY 2, 1994 -5-